After people consume alcoholic beverages, it can take some time before the alcohol is metabolized and the person is no longer intoxicated. The general rule is that it takes about an hour to metabolize a standard drink of alcohol, and a standard drink is different for...
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DUI
DUI checkpoints and the Fourth Amendment
On Behalf of The Law Office of James M. Burns | Nov 12, 2020 | DUI
Law enforcement sets up DUI checkpoints in Pensacola and around Florida to catch drunk drivers with a BAC level above the legal limit. These roadblocks typically increase on holidays because more people could be drunk. However, it has been debated whether or not these...
DUIs and drugs in Florida: Zero tolerance
On Behalf of The Law Office of James M. Burns | Jun 11, 2019 | DUI
You're probably familiar with DUIs and drug-related DUIs. They both can get you into deep trouble with the law, especially if you are behind the wheel while impaired. What people often forget about is that alcohol and drug use can also result in BUIs for boating under...
Can I get my field sobriety test thrown out as evidence?
On Behalf of The Law Office of James M. Burns | Jun 15, 2018 | DUI
Imagine you got pulled over by a police officer while driving home from work late on a Friday evening. Although you haven't had anything to drink, the officer asks you to get out of the car and blow in his Breathalyzer device. You pass the breath test with flying...
Are drunk driving checkpoints legally justified?
On Behalf of The Law Office of James M. Burns | Sep 20, 2017 | DUI
In the state of Florida, police frequently set up drunk driving checkpoints where they randomly stop drivers to determine if they might be too drunk to drive. These checkpoints have caught many intoxicated drivers. However, some opponents to the use of DUI checkpoints...
What is an aggravated DUI?
On Behalf of James M. Burns & Associates, Attorneys at Law | Jun 26, 2017 | DUI
Florida drunk driving laws and penalties are severe enough as they are, but if you get convicted of aggravated DUI, the penalties are even higher. An aggravated DUI charge usually does not happen unless there are certain "aggravating factors" present.Perhaps you were...
Don’t sit in your car if you’re too drunk to drive
On Behalf of The Law Office of James M. Burns | Jun 5, 2017 | DUI
A lot of Florida drivers do not know that they don't have to be driving their vehicles to get charged with a DUI. In fact, if you're merely sitting in your vehicle, and parked on the side of the road without moving, you could be cited with a DUI violation if police...
Florida House could soon consider ignition interlock bill
On Behalf of The Law Office of James M. Burns | Mar 23, 2017 | DUI
The Florida House of Representatives could consider a new bill that would force first time DUI offenders to install an ignition interlock device on their vehicle in the wake of a conviction. Currently the Florida law forces first time DUI offenders to place a ignition...
DUIs carry serious penalties, whether you are a celebrity or not
On Behalf of The Law Office of James M. Burns | Mar 16, 2017 | DUI
In some celebrity news that crosses over into the criminal defense realm, the daughter of Laurence Fishburne -- a well-known actor known for his iconic performance as Morpheus in "The Matrix" -- was arrested on DUI charges over the weekend. According to the report,...
Get legal help when accused of driving under the influence
On Behalf of The Law Office of James M. Burns | Feb 16, 2017 | DUI
Drunk driving charges carry serious penalties with them, even if the violation is your first-such offense. In the state of Florida, there are many different penalties you could face for a first-time DUI. For example, your vehicle could be impounded and your license...